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(영문) 대전지방법원공주지원 2020.08.11 2020고단230
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 24, 2019, the Defendant driven the above car on December 18:15, 2019, and driven the D previous road in the official city C from the Ethm to the F, with two-lanes of way.

At this point, there was a crosswalk where signal lights are installed in the intersection, and in such a case, there was a duty of care to check whether a person engaged in driving service is a person to reduce the speed and to check well the right and the right and the right and the right and the right and the duty of care to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and received the victim G (V, 73 years old) who was crossing the crosswalk from the left side of the Defendant’s running direction to the right side according to the pedestrian signal by negligence in contravention of the stop signal as it is, without being negligent.

Ultimately, at around 20:49 on December 24, 2019, the Defendant caused the victim’s death by occupational negligence by an external shock at an I Hospital located in the Nam-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, to be caused by an external shock.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents (1,2, and actual survey report);

1. A death certificate;

1. Application of Acts and subordinate statutes on the scene of an accident, CCTV closure photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents (including special-sponsor]: Reduction elements of punishment (including serious efforts to recover damage): Reduction area, reduction area, reduction area of punishment (including the recommendation area and recommendation area), months of imprisonment without prison labor and one year;

3. Determination of sentence: 8 months of imprisonment without prison labor; and

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